Local attorney: identity confusion an 'honest mistake'

Hutchinson police received an unusual report Thursday afternoon that's created quite a stink at the Reno County Courthouse: a local defense attorney allegedly impersonating a prosecutor.

Reno County Magistrate Judge Randall McEwen dismissed a nearly decade-old methamphetamine case Thursday after District Attorney Keith Schroeder asked to postpone a preliminary hearing, since three state witnesses failed to appear.

But after the judge tossed out the case against Anthony McDaniel, Schroeder saw one of the witnesses at the courthouse and asked her where she'd been.

The woman, pointing to McDaniel's defense attorney, Sam Kepfield, said she asked Kepfield if he was Deputy District Attorney Tom Stanton and he said he was, according to Schroeder. The woman knew Stanton was handling the case but had never met him before, Schroeder explained.

"She said she told him, 'My baby has a dirty diaper. Do you think I have time to go change it?' and (Kepfield) said yes," Schroeder said.

A Hutchinson police officer was already there on another matter, Schroeder said, so he told the officer to take down the information. Hutchinson Police Lt. David Miller confirmed Thursday that police received a report of false impersonation but continue to investigate.

"I don't think she was under the impression I was Tom," Kepfield said Thursday. "I thought she said, 'Do I have time?'"

Kepfield, when contacted by phone, didn't know a report was made with the police department.

"Oh, good lord," he said. "This is a huge misunderstanding. At no point was I trying to get rid of his witnesses.

"I figured she had five minutes to go change a diaper. I apologize for any misunderstanding, but I was not trying to pass myself off as Tom Stanton. It was an honest mistake, and I hope this is the last I hear of it."

Kepfield noted Schroeder requested a continuance in the case because he couldn't proceed without at least having one police officer testify. Schroeder said Thursday he plans to appeal the judge's decision. The meth case dates back to 2004, but McDaniel has been living out of state for several years. McDaniel's brother, James, was convicted of manufacturing meth in the case and previously served nine years in prison, Schroeder said.

Schroeder said he didn't know if he would file any kind of complaint against Kepfield and said he needed time to think about it. He acknowledged he hadn't talked to Kepfield about the incident and described Kepfield's relationship with his office as "fairly cool."